Motion to produce a non-party inmate witness to the underlying incident was granted, and the Department of Corrections and Community Supervision was ordered to produce the witness for an examination before trial.
|Claimant(s):||ROBERT L. HICKS|
|Claimant short name:||HICKS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||No Appearance|
|Defendant's attorney:||Honorable Eric T. Schneiderman, Attorney General
By: Christina M. Calabrese, Esq.,
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||February 27, 2018|
|See also (multicaptioned case)|
Defendant moved by Order to Show Cause to take the deposition of non-party witness Maria Velez-Phillips, an inmate in the custody of the Department of Corrections and Community Supervision at Albion Correctional Facility in Albion, New York.
The claim seeks damages for false arrest and imprisonment, excessive force and constitutional violations following a traffic stop that resulted in claimant's arrest on September 16, 2015 for obstructing governmental administration and resisting arrest. At the time of his arrest, claimant was a passenger in a motor vehicle operated by Maria Velez-Phillips when she was stopped by the New York State Police for a traffic violation.
Defendant, having established that the non-party deposition of Maria Velez-Phillips is material and necessary to the defense of the claim, and service having been made in the manner required by the Order to Show Cause, it is hereby
ORDERED that the Department of Corrections and Community Supervision of the State of New York produce Maria Velez-Phillips, DIN 16-G-0335, at Albion Correctional Facility located at 3595 State School Road, Albion, New York 14411 on the 6th day of March 2018 at 11:00 a.m. for the purpose of being sworn and examined under oath concerning the above-entitled claim, and it is further
ORDERED that for her refusal to attend and appear said witness will be deemed guilty of a contempt of court and liable for all damages sustained to the party aggrieved thereby and to forfeit $50 in addition thereto.
February 27, 2018
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims